Stephen Biggs is a shareholder with Smith LC. He focuses his practice on appellate work, preventing and solving business disputes, and protecting the reputation and intellectual property of individuals and businesses.
Appellate Practice
Stephen assists individuals, businesses, and other lawyers in appealing a ruling from one court to a higher court and in defending against appeals taken by opposing parties. His appellate experience includes cases involving many different areas of the law, including business and commercial disputes, questions of statutory interpretation, issues regarding the enforceability of contractual provisions, criminal matters, defamation claims, and unemployment insurance benefits—to name a few.
Most frequently, clients and other lawyers hire Stephen to assist them in bringing direct and intermediate appeals (including special actions) before the Arizona Court of Appeals. But Stephen has also prepared multiple petitions for review to the Arizona Supreme Court, and he has briefed and argued two cases accepted for review by that court. Stephen also has experience briefing and arguing cases in the federal courts of appeal, and he has assisted or consulted with other lawyers in pursuing and defending appeals before appellate courts in states outside of Arizona.
Preventing and Solving Business Disputes
Stephen helps individuals and businesses avoid and solve disputes, both before and after they become lawsuits. Effective risk management (including seeking the advice of a lawyer about how to prevent and protect against legal problems before they occur) and early negotiation to resolve problems that do arise before they become lawsuits can oftentimes keep individuals and businesses out of court and avoid the costs of litigation. But when litigation is necessary or a court action has already been filed, Stephen assists businesses and individuals in pursuing or defending against legal claims in court or in arbitration.
Some examples of the types of problems and situations that Stephen helps his clients avoid or address include contract disputes, unfair competition, disclosure of confidential information, fraud claims (including claims for consumer fraud, securities fraud, and other forms of investment fraud), business management disputes (including claims for breach of fiduciary duty, self-dealing, or disloyalty against officers, directors, and other managers of businesses), business ownership disputes (including business break-ups), failed business deals, trust disputes, and professional negligence (including malpractice claims against accountants, auditors, and lawyers).
Protecting and Defending Reputations and Intellectual Property
Your good name matters, whether you are an individual or a business. In the age of the Internet, it is easier than ever for harmful, negative statements to be communicated to large audiences instantaneously. Stephen assists individuals and businesses in protecting their reputation when others defame, slander, or libel them. He also assists those who have been accused of defamation, slander, or libel in defending against those claims.
In addition to reputation, another valuable asset of every business and entrepreneur is intellectual property. Stephen assists individuals and businesses in pursuing and defending against claims of trade secret misappropriation, copyright infringement, trademark infringement, Lanham Act violations, and other forms of unfair competition related to intellectual property rights (including palming off and passing off claims).
Clerkships
United States Court of Appeals for the Ninth Circuit, Honorable Mary M. Schroeder, 2009-2010
Arizona Court of Appeals, Honorable Patricia K. Norris, 2008-2009
Awards and Recognition
Rated AV Preeminent by Martindale Hubbell (2013 – present)
10.0 Avvo Rating
Professional Affiliations and Activities
Appellate Practice Section of the State Bar of Arizona
J. Reuben Clark Law Society
